Town, rehab group agree to drop lawsuit over treatment center
Town Board members and Rehabilitation Support Services have agreed to discontinue a federal case over a proposed 16-bed chemical dependence treatment facility to be built at 141 Prospect St.
The case was discussed during a meeting Monday, with Supervisor Diane McCord saying the developer was given another option for refiling its application under terms covered by town zoning law.
“RSS and the attorneys have agreed to discontinue the federal court proceedings as well as withdraw their appeal regarding the state court decision,” she said.
“They had filed for a convalescent home and now they’re changing to a ‘sober’ house,” McCord said. “They’ve changed the wording. It is...a rehabilitation center, which would be allowed under our zoning.”
Under the plan, Rehabilitation Support Services would construct a 7,300-square-foot building on vacant 2.5-acre lot owned by Christopher Cole.
Town Zoning Board of Appeals members in February 2016 voted against the application and issued a findings statement that contends there were no court decisions that supported the applicant’s claims that the facility could be considered as a residence.
“The ZBA has considered these opinions and determined that no binding legal precedent requires the ZBA to find that the proposed use is a one family dwelling under the town of Esopus code,” board members wrote.
Rehabilitation Support Services filed a case in state Supreme Court in Albany contending the town made its decision based on incorrect interpretation of the law but lost and were appealing that ruling. They also had a pending case in U.S. District Court in Syracuse for a claim of violated the federal Fair Housing Act, which it had agreed to discontinue under an agreement to resubmit the application.
Rehabilitation Support Services attorney Robert Schonfeld said the agreement to refile came after the town’s recently hired code enforcement
“RSS and the attorneys have agreed to discontinue the federal court proceedings as well as withdraw their appeal regarding the state court decision.” — Supervisor Diane McCord
officer found there were provisions that would allow the project.
“Upon another application to the town, the town has now determined that it is a residential treatment facility ... and that fell into a middle category where it was not banned entirely from the town like a convalescent home nor permitted as of right like a single family home, but that we’d have to make some applications to the town,” he said.
Information was not immediately available on whether there would be changes to the site plan or when an application would be filed for a zoning board review.